HomeMy WebLinkAbout2005-04-05; City Council; NS-745; Require Subdivision Design to Provide for Communication Systems...1
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ORDINANCE NO. NS-745
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER 20.1 6,
SECTION 20.16.040(D) TO REQUIRE THE DESIGN OF A SUBDIVISION
TO PROVIDE FOR COMMUNCATION SYSTEMS, INCLUDING
TELEPHONE AND INTERNET SERVICES
WHEREAS, the Subdivision Map Act, Government Code section 66453.3 was
amended effective January 1,2005;
WHEREAS that amendment entitles the legislative body of a City, by ordinance, to
require the design of a subdivision where a tentative map or parcel map is required to provide for
communication systems, including but not limited to telephone and internet services, to each
parcel in the subdivision;
WHEREAS the City Council has determined it is in the best interest of the City of
Carlsbad to provide new residences with the capability of accessing all available communication
systems, in addition to the existing requirement for access to appropriate cable television
systems,
WHEREAS, the Planning Director has found that the requested code amendment
IS exempt from the requirements of the California Environmental Quality Act.
WHEREAS, the proposed amendment to Carlsbad Municipal Code section
21.16.040(d) is in compliance with the provisions of Subdivision Map Act effective January 1,
2005.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad,
California, as follows:
SECTION 1: That section 20.16.040(d) of the Carlsbad Municipal Code is
amended to read as follows;
“(d) The design of any subdivision for which a tentative map or parcel map is
aquired pursuant to government code section 66426 shall provide for appropriate cable television
systems and for communication systems, including, but not limited to, telephone and internet
services, to each parcel in the subdivision. All new utility distribution facilities, including cable
television conduit and lines, and communications systems, within the boundaries of any new
subdivision or within the half-street abutting a new subdivision, shall be placed underground. All
sxisting utility distribution facilities shall be placed underground within the boundaries of any new
subdivision or within any half-street abutting any new subdivision except where the existing
facilities within any single half-street section abutting the new subdivision span a distance of less
than six hundred feet, or where it is determined by the city engineer that it is not practicable to
dace the existing facilities underground within any single half-street section due to the existence
Df overhead utility services to properties on the opposite side of that half-street section, in which
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cases the subdivider shall execute and record a covenant running with the land not to oppose a
local improvement district for underground placement of utilities.
In developments where overhead utility distribution facilities are allowed to remain,
all new services to existing lots and lots created according to the provisions of this title shall be
installed underground from the nearest utility pole.
The subdivider is responsible for complying with the requirements of this
subsection, and he shall make the necessary arrangements with each of the serving utilities,
including franchised cable television operators, and communication system providers, including
but not limited to telephone and internet services, for the installation of such facilities.
Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities
necessarily appurtenant to such underground utilities and street lighting systems may be placed
aboveground, subject to approval of the city engineer as to type and location. The provisions of
this subsection shall not apply to the installation and maintenance of overhead electric
transmission lines in excess of thirty-four thousand five hundred volts and long-distance and trunk
communication facilities. The installation of cable television lines may be waived when, in the
opinion of the city council, no franchised cable television operator is found to be willing and able
to install cable television lines in the subdivision. Notwithstanding any such waiver, the installation
of cable television conduits is required.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 22nd day of MARCH ,2005, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 5th day of APRIL , 2005, by the following vote, to wit:
YES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
APPRPVED AS TO FORM AND LEGALITY
ALL, CityAttorney
ATTEST:
(SEAL)